Supreme Court Case May Impact EA's NFL Exclusive

March 5, 2009

A non-gaming case currently before the United States Supreme Court stands to have a massive impact on the video game industry.

The case is American Needle vs New Orleans Saints, et al. Should the Supreme Court find in favor of plaintiff American Needle, an apparel manufacturer, EA's exclusive NFL licensing deal and Take-Two's third-party exclusive with Major League Baseball could be found in violation of federal antitrust (i.e., monopoly) statutes. Such a determination would free other publishers to make games based on the NFL and MLB.

SCOTUSblog, which tracks happenings before the Supreme Court, reports on the case:

The NFL used to license American Needle to sell hats that bore the logos, the names or other insignia of pro football teams... But, in 2000, the NFL opted to solicit bids for an exclusive license to produce caps and other headwear. Reebok won the bidding, and in 2001 got an exclusive ten-year license. American Needle’s license was not renewed. So it sued the NFL, all of its teams, NFL Properties, and Reebok.

American Needle’s case was thrown out by lower courts... “The [Supreme] Court has stated, on more than one occasion,” American Needle asserted, “that application of the Sherman Act to professional sports teams is wholly consistent with Congressional inent...”

What happened to American Needle in relation to apparel is essentially what happened to Take-Two in regard to its excellent NFL2K series when EA scored its exclusive license with the NFL in 2004.

Attorneys for EA are clearly tracking the American Needle case. The phrase "American Needle" appears nine times in a transcript of arguments made by attorneys last November in Pecover vs. Electronic Arts, a class-action suit which alleges that consumers were hurt by EA's NFL exclusive (see: Spirited Courtroom Argument Highlights Madden Monopoly Case).

SCOTUSblog reports that the Supreme Court has requested government lawyers to weigh in on the case.

Posted in Court Cases Electronic Arts Games & the Law NFL Take-Two Interactive Video Game Industry/Economics

Comments

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Edward2 on Wed, 09/29/2010 - 10:44.

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Thank you informationn..

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sayfasına, günlük yayın akışı için ise digitürk yayın akışı sitesine girerek yayın akışını güncel olarak takip edebilirsiniz.
Araba Kiralama, Oto Kiralama ve araç kiralama hizmetlerini yapmak için, şöförlü araç kiralama veya şöförlü minibüs kiralama sayfalarına gidebilirsiniz. Bütçenize göre araç kiralama yapmak istiyorsanız, ekonomik araç kiralama, spor araç kiralama, lüks araç kiralama, panelvan araç kiralama ve
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sanalika oyununu oynamak için sanalika oyna sayfasına gidebilirsiniz. Birbirinden güzel hileler için sanalika hileleri sayfasına, en yeni Metin2 Hileleri için ise
Metin2 Hileleri sayfalarına gidebilirsiniz. Hepsinin haricinde digitürk sitesine giderek, digitürk paketleri kısmına giderek digitürk üyelik paketlerini görebilirsiniz.
Bu kadar basit.. Degil..

Merhaba

Submitted by doktorgizemli on Wed, 09/02/2009 - 13:14.

This post makes no sense to me

sohbet - sohbet siteleri - özlü sözler - sevgi sözleri - madencilik - sikiş

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by PHX Corp on Fri, 03/06/2009 - 12:40.

I'm Rooting for the Exclusivity Deals to be dropped by the supreme court(That'll Teach EA and T2 a lesson for hogging the NFL and MLB)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by ecco6t9 on Fri, 03/06/2009 - 03:55.

This wouldn't be a good thing.

It's the same as saying that McDonalds has no right to the Big Mac.

Private Bussiness is private the last thing we need in this time is more branches of government saying what can and can't be done, and guess what this works for these industries since the NFL,EA, or Take 2 haven't asked for a bailout.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Haethos on Thu, 03/05/2009 - 23:54.

I'd love to see these exclusive deals get dissolved. Take Two has done an awful job with the MLB license on 360, and I'd love to see "The Show" come to 360.

Bottom line is that competition creates better products. I'm all for that.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Stoli on Thu, 03/05/2009 - 20:45.

Um, shouldn't the NFL have the right to say who can and can't use their IP?

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by chregan on Thu, 03/05/2009 - 18:47.

Wouldn't the NFL teams, players, and logos, fall under IP? IP holders have a right to give exclusive rights to anyone they so choose.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Harry Miste on Thu, 03/05/2009 - 20:01.

I think the use of the players, teams and logos for the purpose of a football-themed... thing... is protected by the IP.

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste |

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Haethos on Thu, 03/05/2009 - 23:52.

I believe it counts as IP, but EA has exclusive deals with the NFL and the NFLPA (as well as the coaches union I believe); the former for the use of the team logos, stadiums, etc. and the latter to use the names of the players.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by PHX Corp on Thu, 03/05/2009 - 18:30.

I think the Supreme court Justices are going to make fun of the fact that EA held a monopoly on NFL games Heres the possiblility

John Roberts: We the court has found that American needle has been found in violation of the Sherman and Clayton Acts and therefore we demand that the company should be split up

EA & T2: We're F@**ED, we may have to share the license of MLB and NFL now

END TSG-esce courtroom reenactment

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Michael Chandra on Thu, 03/05/2009 - 17:12.

"Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony"

Hm... I guess they can make a point there. I wonder what statements those are though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by insanejedi on Thu, 03/05/2009 - 16:44.

I don't think that the EA+NFL or 2K+MLB suit would work out because it's a temporary exclusive. On top of that, I belive for any anti-trust suit to pass through the product being tested must also prove to be necessary for moderen society. The previous anti-trust suits are on the following of two basis. Lack of competition+Need for modern society. With Oil there is an obvious need for that product in modern society, with phones there was a need for it in modern society, and for OS software there is a need for it in modern society. NFL and MLB does not fill this area, so I highly doubt it will go through.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by Ondore on Thu, 03/05/2009 - 20:49.

The deal before the courts involves a temporary exclusive, though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by mikese on Sun, 06/21/2009 - 19:54.

I'm sure there will be a counterclaim though if it doesnt pass.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Submitted by insanejedi on Fri, 03/06/2009 - 12:24.

which means this probebly wont pass.

Shout box

Andrew Eisen: Huh, saw that in the paper last Friday (or possibly over the weekend). Sad to say but people missing that long usually turn up dead. Sure hope that isn't the case.02/09/2012 - 2:12am

Andrew Eisen: I don't believe so. As I hear it, it's just a week-long promotion.02/09/2012 - 2:10am

Uncharted NES: Nintendo Employee Reported "Missing"- http://m.kotaku.com/5883562/nintendo-employee-reported-missing02/09/2012 - 1:50am

Uncharted NES: @andrew Hopefully it's the permanent price, though I'm not planning to upgrade anytime soon.02/09/2012 - 1:44am

ddrfr33k: Wow, didn't realize it was that ambiguous. Internet terrorists sound like the next tinfoil hat conspiracy02/09/2012 - 1:09am

Andrew Eisen: Newegg has the same deal.02/09/2012 - 12:59am

Uncharted NES: http://m.kotaku.com/5883236/get-a-3ds-for-just-150-at-gamestop02/08/2012 - 11:00pm

Andrew Eisen: Not that it matters, I am just needling you after all.02/08/2012 - 10:34pm

Andrew Eisen: To be fair, I don't think that's what he was facepalming and if he was, that would still be three. MP's would make it four, but that happened after the fact. The rest of the posts are about us commenting on his repeated misuse, not the misuse itself.02/08/2012 - 10:34pm

DorthLous: To be fair, I did count ddrfr33k post as well, and, well, this dead horse would now be at 7 posts ^^02/08/2012 - 10:10pm

MaskedPixelante: BREAKING: Valve is the best production team this side of Studio B. See, I can do it too.02/08/2012 - 9:45pm

Andrew Eisen: Four to five? Really? That doesn’t sound right. Wait a moment, let me count... Nope, it was just one. And if you meant four to five between us, there's still only two.02/08/2012 - 9:03pm

DorthLous: And, you guys, always take about 4-5 posts to explain it in the shoutbox each time. It's like people complaining about reposts or "First!" posters. Just ignore the annoying part, guys.02/08/2012 - 8:51pm

RedMage: I do want to point out how sad it is that Andrew has had to point this out to you at least three times by my knowledge, Uncharted.02/08/2012 - 7:31pm

Andrew Eisen: If you have to ask, maybe you should consider breaking your annoying habit of prefixing nearly every story you link to with an all caps "breaking" or "urgent." Especially when it's only ever been appropriate twice.02/08/2012 - 5:37pm

Uncharted NES: For the report or the breaking?02/08/2012 - 5:10pm

ddrfr33k: @Uncharted: that's just facepalm-worthy. ISHYGDDT...02/08/2012 - 2:02pm

Uncharted NES: BREAKING: UK Report Blames The Internet For Terrorism, Says ISPs Should Take Down Content- http://tinyurl.com/86syhe202/08/2012 - 10:59am

lomdr: Then again, no site and publisher wants a repeat of KaneandLynchGate02/08/2012 - 6:39am

ZippyDSMlee: oh dear....... then again US rags give the most medicore crap 8s and 9s like crazy....02/07/2012 - 11:18pm

All shouts

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